HomeMy WebLinkAboutR-92-0059t, 0
J-91-967(b)
1/23/92
e) 9 -_. el
RESOLUTION NO.
A RESOLUTION REVERSING THE DECISION OF THE
ZONING BOARD AND GRANTING THE VARIANCE FROM
SECTION 1903.1 OF ORDINANCE NO. 11000, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, TO ALLOW A 5' REAR SETBACK
(10' MINIMUM REQUIRED) AS PER PLANS ON FILE,
FOR THE EXISTING 15.7' X 11.5' LAUNDRY AND
BATHROOM ADDITION TO THE EXISTING 15.1' X
11.5' STORAGE ROOM AT THE REAR OF THE SINGLE
FAMILY RESIDENCE FOR THE PROPERTY LOCATED AT
330 NORTHWEST 63 COURT, MIAMI, FLORIDA (MORE
PARTICULARLY DESCRIBED HEREIN), SUBJECT TO
THE CONDITION THAT SAID ADDITION SHALL NEVER
BE USED AS A SEPARTE LIVING UNIT, ZONED R-1
SINGLE FAMILY RESIDENTIAL.
WHEREAS, the Miami Zoning Board at its meeting of
November 4, 1991, Item No. 4, duly adopted Resolution ZB 79-91
by a nine to zero (9-0) vote, denying a variance as hereinafter
set forth; and
WHEREAS, the applicant has taken an appeal to the City
Commission from the denial of the variance; and
WHEREAS, the City Commission after careful consideration
of this matter, and notwithstanding the decision of the Zoning
Board, finds that there are peculiar circumstances affecting
this parcel of land and that practical difficulties and
unnecessary hardships exist which would impair the owner's right
to the reasonable use of the property without the grant of
variance as hereinafter set forth;
CITY COMMSSION
MEETING OF
J AN 23 1992
y2- "MOON NO.
59
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The decision of the Miami Zoning Board in this
matter is reversed and the request for a variance from Section
1903.1 of Ordinance No. 11000, as amended, the Zoning Ordinance
of the City of Miami, Florida, to allow a 5' rear setback (10'
minimum required) as per plans on file, for the existing 15.7' X
11.5' laundry and bathroom addition to the existing 15.1' X
11.5' storage room at the rear of the single family residence
for the property located at 330 Northwest 63 Court, Miami,
Florida, also described as Lot 7, Block 9, WINONA PARK, as
recorded in Plat Book 14 at Page 64 of the Public Records of
Dade County, Florida, Zoned R-1 Single Family Residential,
subject to the condition that said addition shall never be used
as a separate living unit, is hereby granted.
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 2--
A ST
MA HIRAI
CITY CLERK
92.
- 2 - 4: .. 59
PREPARED AND APPROVED BY:
� /',�
G.-MVRIAK MAER
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
S, II
CITY AT EY
GMM:ra: 2672
ZONING FACT SHEETPZ 7
i
LOCATION/LEGAL 330 NW 63 Court
Lot 7
Block 9
WINONA PARK (14-64)
APPLICANT/OWNER Oionisio and Caridad Acosta
330 NW 63 Court
Miami, Florida 33126
Phone 262-5014
ZONING R-1 Single Family Residential
REQUEST Variance from Ordinance 11000, as amended,
the Zoning Ordinance or the City of Miami,
to allow a 5' rear setback (10' minimum
required) for the existing 15.7' X 11.5
laundry and bathroom addition to the
existing 15.1' x 11.5' storage room at the
rear of the single family residence on
above site, as per plars on file; Zoned R-
1 Single Family Residertial.
RECOMMENDATIONS
PLANNING. BUILDING AND
ZONING DEPARTMENT
DENIAL, There is no ^ardship to justif}
the requested variance. There are nc
special conditions and circumstances that
are peculiar to the 'and, structure, or
building involved that are not equally
applicable to other lards, structures, or
buildings in the same zoning districts.
The fact that the structure for which the
variance is requested already exists
reflects a self-imposed hardship. Literal
interpretation and enforcement of the
provisions of the Zor`ng Ordinance will
not deprive the ap:licant of rights
commonly enjoyed by czer properties in
the same zoning district and will not wore
unnecessary and undue hardship on the
petitioner. Granti-T the requester
variance would confer cn the petitioner a
special privilege that 's denied to other
properties in the same coning district.
PUBLIC WORKS No Comment.
DADE COUNTY TRAFFIC
AND TRANSPORTATION No Comments.
ZONM HISTORY Owner cited for work w=thout permit. Case
91-1314 was schedule t= be heard by Code
Enforcement Board on September 25, 1991.
however, was continue: due to lack o`
paper service.
ZONING BOARD At its meeting of November 4, 1991, the
zoning Board adapted Resolution ZB 79-91,
by a 9-0 vote, denying the above.
Two pRopomiSrS vere present at the seeting.
APPEAL Letter of appeal dated November 6, 1991,
received from Dionisio Acosta.
92- 59
ANALYC:5
YU E2 Na
X Special conditions and =Ircumstances exist
which are peculiar to '"e land, structure,
or building involved ind which are not
applicable to other la"ds, structures, or
buildings in the same "ping district.
The special conditions and circumstances
are an indirect result •"rom the actions o`
the petitioner.
X Literal interpretation of the provisions
of Zoning Ordinance :1000 deprives the _
ap licant of rights c.,mmonly enjoyed, by
of er properties in the, same zoning
district under the terns of this zoning
ordinance and works unnecessary and undue
hardship on the petitioner.
X Granting the variance requested conveys
the same treatment to the individual owner
as to the owner of other lands, buildings,
or structures in the same zoning district.
X The variance, if granted, is the minimum
variance that makes possible the
reasonable use of the land, building, or
structure.
X The grant of this variance is in harmony
with the general intent and purpose of
this zoning ordinance, and is not
injurious to the neighborhood or otherwise
detrimental to the public welfare.
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PETiTiON FOR VARIANCE
Fite Number V-83-
A variance is relaxation of the terms of the ordnance where such action will not be
contrary to the pubUc interest and where, offing to conditions peculiar to the
property and not the result of actions of the applicant, literal enforcement of this
ordinance would result in unnecessary. and undue hardship on the property. As used in
this ardimmnce, a variance is authorized• onty for height, area, sire of strccetute,
_I dimensions of yards and other open spaces and of fstreet oarwng or loading
requirements (Section 3101)
i, 0 t CAI?I Q hereby petition the City of Miami Zoning
Boarc-for variance lance rom the term at t e "Zoning Ordinance of the City of Miarni,"
j affecting property located at 3 3 D RJvU• h a, = Miami, as
specified below.
, In support of this application, the following material is submitted with this applications
I. Two copies of a survey of the property prepared by a State of Florida Registered
Land Surveyor.
Z Four copies of: the site plan showing (as required) property boundaries, a%Lr ng
Of any) and proposed strueture(s), parkim landscaping, eta building elevations
—' and dimensions and computations of lot area (gross cnd net), building spacing, LUi
ratios, and height envelope.
3. Affidavits disclosing ownership of property covered by application and disclosure
of interest form (Forms 4-83 and 4a839 attach to application).
4. Certified list of owners of real estate within 37.7 radius from the outsidi
boundaries of property covered by this application. Term 6.83 and attach to
application.)
S. At least two photographs that snow the entire property (nand an.l improvements).
6. Other (sp.cqy)
7. Fee of $`_ to apply toward the cost of processing, based of the following:
(a) RS, RG-I (residential uses) $ 200.00
(b) For penetration of Plane III
by antennas and the like $500.00
(c) All other applications for
each request variance $0.07per sq.ft. of floor area of buiiding(s)
from the ordinance minimum - $550.00
(d) Surcharge equal to applicable fee from (a)-(c) above, not to exceed $550.04
to bo refunded if there is no appeal. (City Code - Section 62-61)
12- 59
..� 9. The Variance requested is for relief from the provisions of Section of
the City of Miami Zoning Ordinance as follows
J
t-*b J o wt 1 c VC i s a C; 2G J ^" C)Sy2-
9. in support of this application, the applicant is prepared to offer the following
evidence, on the point enumerated at Subsection 3103.1 of the City of Miami
Zoning Ordinance:
Note: 7hLs application cannot be accepted for Zoning Board action carless all of the
following sir Items are completed.
(a) Special conditions and circumstances exist which are peculiar to the land,
structure, or building involved and which are not applicable to other lands,
structures, or buildings in the sane zoning district in that: (list evidence to
be produced and use additional sheets, if necessary.)
U 0 �7�Gi 6 (- Co ••• �'% - ' .v'- S t; X C Cd WVp A
I
(b) The special conditions and circumstances do not result from the actions of
the petitioner in that:
rct` U (Jr LA 1-1 %Pf b S 13 cJ % L V %*i jam} p Ez"i T `r''t✓ D &-s
A- 6 o .
92-- 59
Literal interpretation of the provisions of the zoning ordinance would deprive
I the applicant of rights commonly enjoyed by other properties in the some
—I zoning district under the terms of the zoning ordinance and would work
unnecessary' and undue hardships on the petitioner in that:
-n►� t., syr, - , � -Y rz:v -rb-IN 0 . o-� -t—*m -p as vti S, nti 5
o �o � v pVD o -i=
(d) Granting the variance requested will not confer an the petitioner any special
privilege that is denied by the Zoning Ordinan= to other lands, buildings, or
structures in the same zoning district in thaft
C,�v�n-� ` 8� � ...a � v � S o ago � � •� �}4-� � r��
ST \3L4 `is ti-S L* T' ( lam` r S tv;.S.
(a) The variance, if granted, is the minimum variance that will make possible the
reasonable use of the land, building, or structure in that:
92- 59
7
_.e. (f) The grant of the %arionce will be in harmony with the general intent anc
purpose of the Zoning Ordinance, and will not be injurious to the
neighborhood, or otherwise detrimental to the public welfare.
L Fr !j s .. .' v v fti v ej T-a J- 4-6 vc-i s c lt� O e. sfe o D .
Now All documents, reports, studies, exhibits or other written or graphic materfat to be
submttted to the Zoning Board sh4a be submitted with this appiteattom
STATE OF FLORIDA) SSs
COUNTY OF DADE )
=p,& C o S �
Signature
-ewner or Autnerizea Agent
t=e DON IS 10 f C fth ACostA
Address *J30 A1.W (v3 Ci MIAMI 331�%
being duty swam, deposes and
says that he is the(Authorized Agent of of the real property described in
answer to gtxWion 01, above; that he has read the foregoing answers and that the yam ore
trve and con. Iste; and (if acting as agent for owner) that he has authority to execute this
petition an behalf of the owner.
944A10A0 APbs�,�
(SEAU
1
SWORN TO AND CRIBED
before nu this /, of
1�
ary lie,' tole of o o Large
MY COMMISSION EXPIRES:
_ NOTARY PUBLIC STATE OF FLORIDA
MY COMMISSION EXP. OEC.11,1994
BONDED THRU GENERAL INS. UNO.
Form i -83
59
k Z r 1 0 A V I 4V
STATIC OF FLOM W
}SS
- COMITY OF DADE }
Before me, the undersigned authority, this day personally
i
appeared D 10 N 1510f CAMAD AIC0 S'T'Ar , who being by me first
_M duly sworn, upon oath, deposes and says t
1. That he is the owner, or the legal representative of
the owner, submittinq the accompanying application for a public
hearing as required by Ordinance 11000 of the Code of the City of
Miami, Florida, effecting the real. property located in the City
of Miami, as described and listed -on the pages attached to this
affidavit and made a part thereof.
2. That all owners which he represents, if any, have
given their full and complete permission for him to act in their
behalf for the change or modification of a classification or
regulation of zoning as set out in the accompanying petition.
3. That the pages attached hereto and made a part of
this affidavit contain the current names, mailing addresses,
phone numbers and legal descriptions for the real property which
he is the owner or legal representative.
4. The fact, as represented in the application and
documents submitted in conjunction with this affidavit are true
and correct.
Further A.ffiant sayeth not.
AeltP4:b Ae o s 1A
It (SEAL)
(ram)
Sworn to and Subscribed before me
this gjLday of 119, Y
Notary PublicState o Fllorida at Large
My Commission Expires: Ql
NOTARY PUBLIC STATE OF FLORIDA c u
.dr C"M1SS;C-1 EXP, OEC, , 94
80-10ED THRU GEKE . 19.
RAL 1N5. U"10.
c OWNER'S LIST
Owner's time! � ,J,) iC! Cif -q-
mailing Address 3 3 G ( 3 c
Telsonone Number
Legal Description: �^ -� c- L 'A( 41 U k- S
Owner' s Mane
Mailing Address 3 ! cs
Telephone Number
Legal Description: ��- % J�i�c.� In)i ,BONA ?R�K
Owner's Ran
Mailing Address
Telephone Number
Legal Description:
Any other real estate property owned individually, jointly, or severally
(by corporation, partnership or privately) within 371' of the subject
site is listed as follow: 1
Street Address N� Levei Description
Street Address
Level Description
Street Address Legal Description
1. LA9al deect:iption atd street addrw of snnjea rul prvpertyt
'-OT' " i Etf,4UC Cl WIMONA J*jzk- -lW3 D1 ✓/siaA/
P1.Ar &v,<: p.46s `y
ADPRS!;s.• 330 N. w G340 eaeoer ti�.�Ni ��CC�.
2.. awamr(s) of subject real, proparty and percentage of ovnersitip.
-;' Notat City of Miasti OtdiraM No. 9U9 r*gQL es discloa= of all Pertiee
5ai nq a financial interest, either direct or indirm, in the swje=
matter of a presentation, request or petition to the City Coasissicn.
Acaosdingly, questiW #1 requires disclosure of all shareholders of
oocporaaions, Im iciarir of trusts• and/ar =W atbes interested parties,
tagCher with their aft" s and ptvpoctiame interest.
Tip
— O
�,�., .` � c..D
3 0 • �.7w b3 z,-t' LA V" I'
3. LtgaL acrid street &Wrw of um real property (a)
awmd by &" pay listed in aeumm to question 92, and (b) lamed within
375 feet ad the eubjeet real pecperty.
f
xeARiDA� 40,oSTA
Y
9m or now ► ) as
cova�t Cr ors
DtoN rs w + C ►R )DAD ko sm! - , belm &d1 �v deposes ad
says =2 no is call Mneel tlatocney cow Owmel of this Coal props
described in anmar to gmtion 91, abowt tm be bar aead the fotregoittq
mmr and that the same ars true and aoapsatet ad (L9 MAIN as attoaw
Caw ornas) deft be baa autbawity to exKSM this OiseLoetss a! Owetership
fbs cn behalf at the awmr.
XeAAt pAo A P o s rQ
• X csa�t)
59
f —
1]' CODE ENFORCEMENT
►` CITY OF MIAMI, FLORIDA
NOTICE OF VIOLATION
File No:
THE CITY OF MIAMI
/� Date:
vs. / �L/ �(/� S / C� /'Ttrt>-i /- 4 W C/2trr J'+'01
>30 Al - A/ -
/
PROPERTY:.s s'G & • W Cf ZONING: /
LEGAL W 1 Nc7-IV -A Pi-aKH /�1 -6y 'GG / '& //C y
You are hereby notified that an inspection of the above property discloses that you are in violation of.
CITY OF MIAMI ZONING ORDINANCE t 1000/CITY OF MIAMI CODE
❑ Roosters (prohibited)/poultry animals - remove ❑ Junk in yard.
from premises. ❑
Provide vision clearance.
❑ Inoperable/untagged vehicles. ❑ Provide inspector with copy of necessary
❑ Commercial vehicle. Certificate of Use.
❑ working without a permit Building/roofing, etc. ❑ Provide permit for aign(a)•
❑ Mechanical repairs. rn Remove major/minor recreational vehicles
❑ Boat in the yard. from front yard.
❑ Parking on unimproved surfaces. PrOther. i1>'LrG d ii ti/ A- / ti
r
You are directed to correct acid violation within JA days of receipt of this notice and to notify the Inspector
that the violation has been corrected. FVIure to do so will result in charges being filed against you with the
Code Enforcement Board of the City of Miami.
If the violadon(s) is(ere) not corrected, with the approval of the Inspector, within the specified time period, you
will be commanded to appear before the Code Enforcement Board, for a hearing in the Commission Chambers,
City Hall, 3500 Pan American Drive, Miami, Florida.
If you cannot communicate in English, you are responsible for bringing a translator to the Code Enforcement
Board Hearing.
THIS IS YOUR NOTICE OF VIOLATION, FAILURE TO MAKE THE NECESSARY CORRECTIONS WILL RESULT
IN THIS MATTER BEING HEARD BY THE CODE ENFORCEMENT BOARD. IF YOU ARE FOUND GUILTY AND
YOU FAIL TO CORRECT SAID VIOLATION, THE CODE ENFORCEMENT BOARD CAN IMPOSE FINES AGAINST
YOU OF UP TO $250.00 PER DAY, OR UN.00 PER DAY FOR A REPEAT VIOLATION.
If you have any questions, please City of Miami Code Enforcement Board
contact the Inspector. 59
eV
Inspector
S 6 ,boo C X 11-
YOU MUST CEASE ALL VIOLATIONS AT ONCE. FAILURE TO COMPLY WILL RESULT IN LEGAL /v
IZ
. ..... CODE ENFORCEMENT
T
a�� CITY OF MIAMI, FLORIDA —
f' NOTICE OF VIOLATION
File No:
THE CITY OF MIAMI
Date: ,;
vs. D,•�r,�, s/'�� /�cv� r<� �- !✓ C'4K, ;ltid
PROPERTY: -s T G & • 4V i� 3 Cf ' ZONING: r /
LEGAL W / •vv,'v /� p/J!1' /< zy — 6 el LG',,4
You are hereby notified that an inspection of the above property discloses that you are in violation of
i
CITY OF MIAMI ZONING ORDINANCE 11000/CITY OF MIAMI CODE
❑ Rooster (prohibited)/poultry animals - remove ❑ Junk in yard.
_ from premises,
❑ Provide vision clearance.
❑ Inoperable/untagged vehicles.
❑ Provide inspector with copy of necessary
❑ commercial vehicle. certificate of Use.
❑ working without a permit Building/roofing, etc. ❑ Provide permit for sign(s).
❑ Mechanical repairs. r ❑ Remove major/minor recreational vehicles
from front yard.
❑ Boat in the yard. I
❑ Parking on unimproved surfacesPr Other. �1,TG .& / I/ A,/
You are directed to correct said violation within 1A days of receipt of this notice and to notify the Inspector
that the violation has been corrected. FXIIurs to do so will result in charges being filed against you with the
Code Enforcement Board of tht City of Miami.
If the violation(s) is(are) not corrected, with the approval of the Inspector, within the specified time period, you
will be commanded to appear before the Code Enforcement Board, for a hearing in the Commission Chambers.
City Hall, 35W Pan American Drive, Miami, Florida.
If you cannot communicate in English, you are responsible for bringing a translator to the Code Enforcement
Board Hearing.
THIS IS YOUR NOTICE OF VIOLATION, FAILURE TO MAKE THE NECESSARY CORRECTIONS WILL RESULT
IN THIS MATTER BEING HEARD BY THE CODE ENFORCEMENT BOARD. IF YOU ARE FOUND GUILTY AND
YOU FAIL TO CORRECT SAID VIOLATION, THE CODE ENFORCEMENT BOARD CAN IMPOSE FINES AGAINST
YOU OF UP TO 9250.00 PER DAY, OR U00.00 PER DAY FOR A REPEAT VIOLATION.
If you have any questions. please City of Miami Code Enforcement Board
contact the Inspector. `, n — 59
Inspector
6,f 00 tT X ,� - 2-e
YOU MUST CEASE ALL VIOLATIONS AT ONCE. FAILURE TO COMPLY WILL RESULT IN LEGAL /�
—i
1
November 6,1991
To The City Of Miami Commission:
I disagree with the City of Miami zoning board
decision regarding my property located at:
330' N.W. 63 Ct.
I respectfully request a hearing in front of
the Miami Commission.
Thank you for your
attention,
Dionicio Acosta
92--- 59
/13